Divorce and Chaos Theory
Chaos Theory is a relatively new science. You might ask, what does Chaos Theory have to do with divorce? The answer is a lot.
When we think about “science,” we are generally thinking about conventional science. This science explains a lot about our world. It explains how electricity is generated, when the tides go in and out, how planes can fly, and why the apple falls down from the tree. It gives order to what would otherwise be disorderly. It is predictable. It is knowable. It is understandable.
But we also know life is unpredictable. What will the weather be today? Will the bus be on time? Is the stock market going up or down? Will I get that next promotion?
Here is where Chaos Theory rules. Chaos Theory is the science which studies the unpredictability of life. That which surprises us. That for which we are unprepared. That for which we couldn’t plan.
Most people don’t plan for divorce. We fall in love, we marry, we build a life together, we are happy. Until we’re not.
How many books have you read about divorce? How many classes have you attended? Did you earn a certificate in divorce? No. Divorce is usually unpredictable, unexpected, and not an event we add to our calendar.
Divorce in New York: How Does It Work?
Divorce. Where do you even start? If you are in a relationship and feeling stress, anxiety, anger, and uncertainty, your mind may turn to thoughts of divorce. But how do you even begin to think about divorce or how the process works in New York?
You may be thinking: how do I get divorced? what is the process? what are the laws in New York? how do I find a lawyer? do I even need a lawyer? how do I prepare? will my life ever be the same?
Asking questions early and becoming knowledgeable about divorce can lessen your anxieties and empower your actions. Chaos does not have to govern how your marriage ends. You can take action and take charge.
1. What Is the Role of the Courts and Judges?
In New York, all divorce cases are managed by the Supreme Court of New York. No other court oversees divorce in New York.
Only a judge has the authority to grant a divorce. A judge also has the authority to determine key issues that arise in divorce cases (more on that in Part 2 of this article). It is possible to go through the entire divorce process with little or no exposure to a judge. Or you may meet with the judge on more occasions than you would like. Each case is unique.
2. Will I Have to Go to Trial?
Very few divorces end up going to trial. Most divorces are resolved via negotiations between the spouses and their attorneys. When there is a trial, a judge, not a jury will decide the issues.
However, as we’ve mentioned here [link to How to find and Hire a Divorce Lawyer], you want to make sure your lawyer has experience, particularly in the areas that you think your case will need. If you think your case may involve litigation, you want to be sure your lawyer has actually tried cases and not just settled everything at the courthouse steps.
3. What Is Required to Get a Divorce in New York?
To get a divorce in New York, there are two basic requirements:
- You must meet the requirement for residency.
- You must have grounds for divorce.
New York Residency Requirements
To file for divorce in New York, the Domestic Relations Law of the state requires you to meet one of the following requirements:
- Either you or your spouse has been living in New York State continuously for at least two years before the divorce case is started;
- Either you or your spouse has been living in New York State continuously for at least one year before the divorce case is started and
- You got married in New York State, or
- You lived in New York State as a married couple, or
- The grounds for your divorce happened in New York State;
- Both you and your spouse are residents of New York State on the day the divorce is started and the grounds for your divorce happened in New York State.
Let’s discuss a little further how this works in real life.
In New York, the Supreme Court of the county in which you reside has jurisdiction over your case. So, where do you reside? Which court has jurisdiction over your case? It seems a simple question. But sometimes it is a little difficult to determine exactly what the answer is.
For example, couples who have multiple homes in different counties or even different states, may be able to claim residency in more than one of those places. Or if you meet New York’s residency requirements and have more than one home in New York, there may be questions about which county (venue) should hear your case.
For example, if you have an apartment in New York City and a second home in East Hampton, you might look at where you think the issues in your case would receive more favorable consideration from your point of view. This can often create a race to the courthouse, since where the case was first commenced will be a factor should there be a fight over venue. This is an important strategic consideration for your case.
We can help you understand New York residency requirements, which ultimately determine which state and county has jurisdiction over your case.
If you are considering filing for divorce in Connecticut, New Jersey, Florida, or another state (or another country), please feel free to get in touch with us and we can discuss what your options may be.
Grounds for Divorce in New York
While there are still fault grounds, such as adultery, cruelty, and abandonment on the books in New York, the only one that anyone uses any more is Domestic Relations Law 170(7), which is the irretrievable breakdown of the marriage for a period of at least six months immediately before the commencement of the action.
By adopting this ground, Legislators established an actual “no-fault” divorce ground in New York. “Irretrievable breakdown” simply means that at least one spouse finds that the marriage is no longer viable and that it has been irretrievably broken for at least 6-months prior to the commencement of the action.
Assigning fault (as was done in the past) does not typically result in a more favorable outcome on key financial issues determined by the courts. The exceptions to this rule are few and far between.
4. Do I Need an Attorney?
Probably. Even the NY Courts website mentions “Divorce cases can be very complicated and it is a good idea to meet with a lawyer.”
If you are thinking about hiring an attorney, we’ve written this article, which provides a detailed roadmap on how to find and hire an attorney. We hope you consider Garr Silpe, P.C.
Summary
In this article we’ve reviewed the first part of what you need to know about divorce in New York:
- The Role of the Courts and Judges
- The Possibility of Trial
- Requirements to Divorce in New York
- Residency Requirements
- Grounds for Divorce
- Needing an Attorney
In the next article (Part 2 here) we will review the key issues that are determined in divorce, such as:
- Will I receive maintenance (alimony)? Will I have to pay maintenance?
- Who will have custody of the kids?
- Who will pay child support?
- How will our money and assets be divided?
- Who pays any outstanding debt?
- What happens to medical insurance and life insurance?
Resolving these issues in a satisfactory manner to you will have critical influence on your quality of life post-divorce.
Take Action
We know that having a thorough understanding of the rules governing a divorce in New York will make the process easier and more productive for you.
We’d be happy to discuss your situation with you. Whether you are still exploring the idea or already know that you want to move forward with a divorce or other family law matter, get in touch with us.
If you are considering a divorce in New York, or have another New York family law matter, contact Garr Silpe, PC today to schedule a consultation.